1.2 Police Powers Flashcards
What is a crime?
An offence punishable by the State on behalf of the general public whose standards do not permit the offending behaviour.
What should you do when a police officer asks you a question?
You have the right to remain silent - this means that you do not have to answer questions that may incriminate you.
Police are entitled to ask for your name and address if they believe:
- You have committed, or are, in the process of committing an indictable or summary offence
- You may be able to assist them in their investigations regarding an indictable offence
What happens when a Police Officer apprehends a suspect?
An arrest may be made with or without a warrant and can be made by any person, whether they are a member of the police force or not (citizens arrest).
A police officer may make an arrest on the suspicion that a person has broken the law.
If a police officer asks you to accompany them to the police station for questioning, there is no obligation to go unless:
- you are under arrest,
- asked to take a breathalyser test, or
- police believe that you should be placed in their protection.
What happens when you are being taken into custody?
Police must allow you to telephone a lawyer to get advice and you can also telephone a friend or family member. You will be able to do this in private unless police believe:
- You may be warning another person involved in a crime
- Evidence may be lost or interfered with
- Other people might be endangered
- You are involved in a drink-driving matter
You must have (under 18) a parent or guardian with you before talking to police.
When can police ask me to move on?
The police can tell you to move on from a public place if they reasonably believe that you are:
- breaching the peace (or likely to do so)
- putting another person in danger (or likely to do so)
- likely to injure someone or damage property
- likely to be a risk to public safety.
Police may tell you to stay away from the public place for up to 24 hours. If you do not move on or stay away, police can give you an on-the-spot fine or arrest you.
Protective Services Officers (PSOs) can also move people on from certain designated public places. This includes in and around railway stations. They can issue on-the-spot fines if you do not leave and stay away.
Who are PSOs?
Protective Service Officers (PSOs) have weapons and wear uniforms like the police. They look like police, and have powers like the police, but they can only work in and around designated places, such as, railway stations and car parks and bus stops.
Can a PSO search me?
A PSO can search you and your car for spray paint, markers and other graffiti tools if you are 14 years old or older or look over 14, and they reasonably think you are carrying those items.
PSOs can also search you for drugs or weapons if they reasonably suspect you have them but PSOs can only carry out these searches in designated places like train stations.
If you refused to be searched you may be charged with a crime if a PSO has the right to search you and you don’t let them.
Do I have to give PSOs my name and address?
PSOs can ask for your name and address around train stations. You must give them your name and address if they:
- think you have or are about to commit a crime
- believe you’re under 18 and have drunk or about to drink alcohol.
- think you’ve witnessed a crime.
What else can a PSO do?
- arrest you if they think you broke the law or are drunk and disorderly
- take alcohol from you if you’re under 18
- tell you to move on if you’re disturbing, annoying or making other people unsafe
